Online news sites were brought within the scope of the Press Law by Law No. 7418 of 13 October 2022. Under Article 2(c) of Law No. 5187 online news sites now count as periodicals; Article 2(m) defines an online news site as “a periodical established and operated for the purpose of presenting written, visual or audio content in the nature of news or comment at regular intervals in the internet environment”.
Three internet-specific rules
The sentences added to Article 14 of Law No. 5187 by Article 7 of Law No. 7418 introduce three rules peculiar to online news sites.
| # | Rule | The print equivalent |
|---|---|---|
| 1 | Publication period one day at the latest | Three days in daily periodicals |
| 2 | Publication with a URL link provided | No equivalent |
| 3 | Where content has been removed, the text is published on the home page for the first 24 hours and for one week | No equivalent |
First rule: the one-day period
The added sentence reads: “On online news sites, the responsible editor must publish the correction and reply text of the person harmed, without making any correction or addition, within one day at the latest of receipt of the text, on the page and in the columns where the relevant publication appeared, with a URL link provided, in the same font size and in the same manner.”
Second rule: the URL link
The Law requires a clickable connection between the reply text and the original item. Putting the reply on a separate page without linking to it from the original does not satisfy the requirement. The text is also published “on the page and in the columns where the relevant publication appeared, in the same font size and in the same manner” — that is, on the page carrying the item and with the same visual weight.
Third rule: the home page where content has been removed
The second added sentence: “Where a decision to block access to and/or remove the content of a publication is implemented, or where the content is removed by the online news site of its own motion, the correction and reply text shall be published on the online news site on which the relevant publication was made, on the home page for the first twenty-four hours and for a period of one week.”
The rules that do not change
- Request period: two months from the date of publication (Art. 14(1)).
- The text must contain no element of an offence and must not be contrary to the legally protected interests of third parties.
- The responsible editor publishes it without making any correction or addition.
- The correction and reply identifies the work giving rise to it; it may not be longer than the relevant article; where the source is fewer than twenty lines the reply may not exceed thirty lines (Art. 14(2)).
- If it is not published, application lies to the criminal judge of peace of the place where the applicant is, within fifteen days (Art. 14(5)).
- Where an heir exercises the right, one month is added to the two-month period (Art. 14(8)).
The filing period is also internet-specific
Article 26 of Law No. 5187 was amended by Law No. 7418 to introduce a separate starting point for online news sites: criminal cases must be brought, as a condition of prosecution, within four months for online news sites, and that period runs not from delivery to the public prosecutor’s office, as with printed works, but from the date of the criminal complaint concerning the report.
An operational arrangement for publishers
- Define a single channel through which correction and reply requests arrive (the registered electronic mail address or the address shown in the masthead).
- Record the date and time of receipt of every request automatically.
- Plan the one-day period to run including weekends and public holidays.
- Publish the reply on the page carrying the item, with a URL link to the original.
- If you have removed the item, keep the reply on the home page for 24 hours and on the site for a week.
- Archive the date of publication and a screenshot.
The masthead requirement
A request can reach you only if your masthead is complete. Article 4 of Law No. 5187 was amended by Law No. 7418 and requires online news sites to show, under a heading “Contact” accessible from the home page, the business address, trade name, electronic mail address, telephone number, registered electronic mail (KEP) address and the name and address of the hosting provider.
The periods are covered in the deadlines guide and placement in the placement guide.